Subramaniyan v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM CRL.OP.Nos.33810 and 30633 of 2019 and Crl.M.P.No.16609 of 2019 1.Subramaniyan 2.Karuppusamy 3.Rani

...Petitioners in Crl.O.P.No.33810/2019

1.Kiruba Nandhini 2.Ponnusamy

...Petitioners in Crl.O.P.No.30633/2019

Vs.

1.State Rep.by its The Inspector of Police All Woman Police Sation, Dharapuram, Thirupur District.

..1st Respondent/Complainant in both Crl.O.Ps 2.Arunthathi

...Respondent/Defacto Complainant

in both in both Crl.O.Ps.

COMMON PRAYER: Criminal Original Petitions filed under Section 482 of Criminal Procedure Code, to call for the records and quash all the proceedings in Crime No.9 of 2019 now pending investigation on the file of the first respondent. For Petitioners in both Crl.O.Ps. : Mr.P.Kumaresan For Respondent in both Crl.O.Ps. : Mr.M.Mohamed Riyaz for R1 Additional Public Prosecutor : Mr.V.G.Anbarasu for R2 COMMON ORDER These Criminal Original Petitions have been filed to call for the records and quash all the proceedings in Crime No.9 of 2019 now pending investigation on the file of the first respondent.

2. Based on the complaint lodged by the second respondent, the first respondent has registered an FIR in Cr.No.9 of 2019 against the petitioners herein under Sections 498(A), 323 and 506(i) IPC.

3. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

4. A joint compromise memo dated 06.01.2020 has been filed before this Court. The petitioners and the second respondent also present in person before this Court and they are identified by the first respondent. In order to identify the respective parties they have also produced the copies of the Aadhaar Card and the same are made part of the record. In the compromise memo, it has been stated that the petitioners and the second respondent had entered into a compromise and amicably settled their issues in Crime No.9 of 2019. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the First Information Report pending. Even though, the offence involved is not compoundable in nature, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C., inclined to quash the First Information Report in Crime No.9 of 2019.

6. In the result, these Criminal Original Petitions are allowed and as a sequel, the proceedings in Crime No.9 of 2019, on the file of the 1st respondent police, is quashed and the terms of memo of compromise shall form part and parcel of this order. Consequently, connected Miscellaneous Petition is closed. s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar dna

To 1.The Inspector of Police All Woman Police Sation, Dharapuram, Thirupur District.

2.The Public Prosecutor, High Court, Madras.

+1 CC to Mr.V.G.Anbarasu, Advocate sr 827 +1 CC to Mr.P.Kumaresan, Advocate sr 1158.

CRL.OP.Nos.33810 and 30633 of 2019 & Crl.M.P.No.16609 of 2019 SR(CO) SP(17/02/2020)